On October 5th prosecutors will decide whether or not to retry Brandon McInerney for shooting Lawrence King twice in the back of the head with a .22-caliber handgun as 24 classmates watched on. The kicker—two of the first trial jurors say that emotions ran so high during deliberations that an LA-based FOX anchorwoman concludes that finding a 12-person jury to convict McInerney of first-degree murder rather than manslaughter will be difficult. It also turns out more jurors in the first trial wanted manslaughter over murder.

One juror says everyone feels upset that they didn’t get any closure on this case. Yeah, you and the rest of us, honey.

Just listen to some of the rightwingers. It isn’t murder because they think gays aren’t real people.

Sep 16, 2011 at 9:12 am · @Reply ·

toyotabedzrock

He must be tried as a youth!

If you want justice that is the solution. You will not be given closure by taking an eye for an eye.

Sep 16, 2011 at 9:16 am · @Reply ·

Michael

So a straight guy can take a can and “manslaughter” a gay man?

WTF?

You just gotta love America. One almost hopes the GOP wins the 2012 presidential race because God knows that will seal the fate of America.

Sep 16, 2011 at 9:17 am · @Reply ·

Michael

Umma, that’d be “take a gun”

Sep 16, 2011 at 9:19 am · @Reply ·

ewe

Gee, i think shooting someone in the back of the head is murder but that’s just me i guess. Unsuspecting Lawrence King has the back of his shot with a fucking gun is murder. Bringing the gun from home all the way to school is premeditated.

Sep 16, 2011 at 9:55 am · @Reply ·

ewe

What can be expected when war criminal and old white man Dick Cheney defiantly goes around pushing a book with his daughter speaking proudly around the fact he is guilty of crimes against humanity?

@sam: @Michael: It can, and I believe it should be, labeled as manslaughter when the culprit is a child.

Under California law, juveniles are subject to confinement until their 25th birthday. Perhaps that should be changed to a maximum of 12 years or 30th birthday. That is a different matter.

Had the DA sought to try this culprit as the juvenile he is, tried by a judge in juvenile court, the sentence would have been the maximum, 10-11 years, until he turned 25.

To me, this has nothing to do with whether the victim was gay or straight; it has everything to do with charging children as adults. Certainly children know the difference between right and wrong, nonetheless, our society does not believe that they are capable of military service, driving cars (until 16 or 17), voting, drinking, entering into contracts, unlimited employment, etc. If a child is unable to be mature enough to make those decisions, how can a child be held to adult criminal standards?

The jury CLEARLY determined that this culprit was guilty of the death of the victim — 7 for manslaughter and 5 for murder. He has been in confinement since the killing. Get him to juvenile court and complete the confinement until 25.

Lastly, even the family of the victim sought to have the culprit tried as a juvenile in juvenile court.

Those assholes just don’t want to admit it’s murder because they believe the aggressively gay dusky outsider deserved it for provoking the popular hard-luck white kid.

“Boys make bad decisions” explains Larry being on probation for theft and vandalism. It doesn’t begin to explain why Brandon carefully planned and willfully carry out an execution-style premeditated murder.

I’d bet my house both those women were just OUTRAGED over the OJ verdict, too.

Like I wrote before, if this had been a black and white situation, black Americans would be rioting in the streets. We just sit back and debate the age of the killer.

Hets aren’t content to attack queer adults, they’re going after our kids now. When will we rise up and fight?

Sep 16, 2011 at 10:35 am · @Reply ·

delurker

Yeah, it is. In the post regarding news of the hung jury, you had gays here posting he should be acquitted because he’s “a cute little white boy.” Ugh. What hope is there for justice for Larry?

Sep 16, 2011 at 10:38 am · @Reply ·

Mav

“Hets aren’t content to attack queer adults, they’re going after our kids now. When will we rise up and fight?”

^ This.

Maybe when it’s the bullied gay kids who start toting handguns to school to deal out a little schoolyard justice, we’ll be reading a slightly different news story.

Sep 16, 2011 at 10:55 am · @Reply ·

Mike

While I’ll admit to struggling with the juvenile/adult question in my own mind, did those two ladies seriously say that it would be a “tragedy” for this case to be retried at all? They think the prosecution should just drop it completely?

the reality is that if McInernery were black, and King white, he’d have been found guilty. Years ago. And given the maximum sentence.

What we have here is a white Christian boy with a military-vet older brother (who’s obsessed with Nazis, natch) who murdered a gay gender-nonconformist brown boy. The poor old white jurors can’t figure out which “crime” is worse.

Talking about killing him. Getting a gun. Loading the gun. Concealing the gun and sneaking it into school. Unloading the gun into the back of his head.

yeah. that wasn’t premeditated at all.

but remember – this a country whose legal system allowed Dan White to load a gun, sneak into city hall so as to avoid the metal detectors, shoot mayor moscone, walk down a hallway, reload his gun (from the ten extra rounds of ammo he has in his pocket) and open fire on Harvey Milk and still serve less than 7 years in prison.

a country that in the early 1980s let an all-white jury acquit a group of Good Old White Boys, Klan members no less, who literally lynched a young black man.
oh yeah. the jury just couldn’t figure out if they were guilty or not….

McInerney has been made into a monster – failed by family, society, a school system that ignored the bullying issue, and a culture here that utterly glorifies violence. Zero capacity to comprehend cause and effect. He needs years of rehabilitation. years of study to figure out what the fuck drives a human being to be like this. But that doesn’t mean we struggle to find out what kind of crime this was. We know what kind of crime this was. And he’s guilty.

Sep 16, 2011 at 12:22 pm · @Reply ·

J

@Little Kiwi: That last paragraph is golden. The culprits age has nothing to do with the crime he commits, manslaughter has been high jacked and has became the “we know he’s guilty but don’t want to convict him according the the laws we try anyone we are indifferent to/don’t like” verdict. Clearly if the little gay kid had pulled the trigger we’d have a different verdict on our hands.

Sep 16, 2011 at 1:02 pm · @Reply ·

Chad

They are asking the wrong people to sit on the jury. Get 12 gay people to sit on the jury and I can assure you a guilty of murder verdict. Who cares how old he is. He is old enough to know what killing is.

And to the person who asked what is it going to take. Well we gays sitting around singing we are the world like some kind of hippie love fest isnt going to cut it. We sit back and let them kill, beat take away rights and what do we do? Maybe if we took a lesson from stonewall and actually stood up for ourselves something might change…..

Good points all around. What I find absurd is they are using McInerney’s family life as an excuse for what he did, and Lawrence King’s family life as the reason why this happened. Nothing is McInerney’s fault, and everything is Lawrence King’s fault. And people wonder why I hate the great majority of straight people.

Sep 16, 2011 at 1:51 pm · @Reply ·

Gii

@David Ehrenstein: Why, are we all prejudiced, or homophobic? Or does some thing about being both straight and female make us unable to form unbiased opinions based on evidence and testimonies given in a courtroom?

Seriously, I’d really like an honest answer and explanation to your comment.

Sep 16, 2011 at 3:14 pm · @Reply ·

Ray

Those stupid cunts make me sick. It is obvious the dead kid was secondary to the poor hurt feelings of the murderer for them.

Sep 16, 2011 at 3:22 pm · @Reply ·

Ray

@toyotabedzrock: Those stupid cunts make me sick. It is obvious the dead kid was secondary to the poor hurt feelings of the murderer for them.

Fuck that. Put the little bastard up against a wall and shoot him on the face twice. That’s the only real way to get justice in this case. And yes I would gladly pull the trigger myself if Larry’s family doesn’t call dibs.

Sep 16, 2011 at 3:27 pm · @Reply ·

B

No. 10 · the crustybastard wrote, “@sam: That crime is no more manslaughter than it is securities fraud.”

Manslaughter (as opposed to murder) requires that “a person must have committed a homicide, but have acted in the “heat of passion.” This mental state must have been caused by legally sufficient provocation that would cause a reasonable person of ordinary temperament to lose self-control. To convict a person of manslaughter, it must be proved that the person who committed the homicide had adequate provocation (this cannot involve words alone), acted in the heat of passion, and lacked the opportunity to cool that passion.”

So, the discussion should really be about whether those conditions are met in this case (otherwise a charge of murder would apply). Another question is how the standard, “a reasonable person of ordinary temperament,” applies to a defendant who was 14 years old when the crime was committed, an age where most are a bit unreasonable. The outcome seems to show that the jury had trouble with determining that.

Given that 5 jurors wanted a murder conviction and 7 wanted voluntary manslaughter, the prosecution is unlikely to win without some changes, either a reduced charge or moving the case to juvenile court as the most likely alternatives.

Sep 16, 2011 at 5:24 pm · @Reply ·

Phil

“They are asking the wrong people to sit on the jury. Get 12 gay people to sit on the jury and I can assure you a guilty of murder verdict.”

Similarly, a jury of 12 klan members would never convict another klan member of murder and a jury of 12 black South Africans would never convict another black South African of nepotism and corruption. Biases and strong emotional connections cloud reasonable deliberation. I can see why the issue is polarizing as it is but some of you sound as nasty as the people you claim of evil.

Sep 16, 2011 at 10:32 pm · @Reply ·

Patsy Stoned

This sick, twisted, murdering little shit will walk thanks to useless and horribly dressed white-trash skanks like those two. His “life is over?” Hardly. ONE life is over and Brandon caused it. Meanwhile he continues to live…at taxpayer expense, no less.

I agree fully with everyone who says if the roles were reversed and the non-white boy shot “poor, innocent” neo-nazi fuckhead then the non-white boy would’ve been quickly tried as an adult for life. Yes Phil, biases DO cloud reasonable deliberation, and these two modern day Peg Bundys prove that clearly.

Sep 17, 2011 at 1:06 am · @Reply ·

Mike [Different person #1 using similar name]

“our society does not believe that they are capable of military service, driving cars (until 16 or 17), voting, drinking, entering into contracts, unlimited employment, etc.”

Finding a gun, loading it, transporting it and using it are not decisions that are equal to deciding for whom to vote, whether or not to take a drink, or entering into a contract. Even a juvenile knows that the person will be dead after using a gun.

However, the critical distinction between murder and manslaughter is that murders are planned and manslaughters are not.

Brandon McInerney told Larry’s friends to say goodbye to him the day before the murder. Then he slept on the idea. At some point he located a gun and bullets and packed them in his backpack. He secreted the gun inside the school, lay in wait for his victim, took a seat behind the victim, removed the gun from his backpack, shot Larry in the back of the head. Then shot him again.

Now tell me, professor: can you detect some amount of planning and premeditation in this act of homicide?

Sep 17, 2011 at 4:03 pm · @Reply ·

Troy

I can’t see how ANYONE could say that this was manslaughter. It was premeditated, he planned it, there was intent prior to it and he pulled it off! He even chose to sit behind his victim after packing a gun in his bookbag. This boy is a murderer, charge him as an adult!

Sep 20, 2011 at 12:28 pm · @Reply ·

Marlene

@Mr. Enemabag Jones: It’s unfortunate that you feel that way about us straight people though I can understand why on some level. This clearly is a case of premediated murder. Mcinerney is a monster – made so by his upbringing but a monster nonetheless. He is dangerous and he belongs in prison. The two women jurors were a poor choice and should not have been on that jury. They’re excusing this kid’s actions because of his age like he is some poor misguided youth. Age 14 is old enough to understand the consequences of his actions and he should be tried as an adult. And his defense attorney should be ashamed of himself for trying to paint this kid as a victim. He isn’t a victim he is a murderer.